Toronto Canada Textiles and Apparel Lawyers

Outsourcing and Import Export Litigation | Textile and Clothing Industry
Acting in Ontario Acting for U.S. and Hong Kong Clients and With Their Lawyers

The textiles and apparel industry presents a wide range of challenges in a variety of areas, from copyright and trademark disputes to retail leasing agreements.

The commercial litigation team at Gilbertson Davis LLP can act for clients in the textiles and apparel industry facing legal issues in copyright and trademark disputes, contractual interpretation, internet and e-commerce litigation, franchising and distribution agreements, leasing, jurisdictional challenges, and also insolvency and bankruptcy.

Businesses in the increasingly global textiles and apparel industry also face challenges on an international scale. In addition to import export challenges, contractual disputes, debt collection and copyright and trademark infringement are just a few of the areas in which industry players must also consider cross-border issues. With our considerable experience in advising clients involved in both domestic and cross-border litigation, the team at Gilbertson Davis LLP is well-placed to provide timely, cost-effective service for apparel industry clients.

Legal disputes in the Textiles and Apparel industry can include any of the following matters:

  • Brand management
  • Injunctions and urgent relief
  • Anton Piller orders
  • Copyright and Trademark
  • Internet and e-commerce
  • Franchises and licensing agreements
  • Distribution agreements
  • Contract interpretation
  • Commercial leasing
  • Bankruptcy, insolvency and cash flow issues
  • Debt Collection
  • Quality/quantity of goods sold and delivered
  • Import and export
  • Outsourcing
  • Joint ventures

Wholesalers, Distribution and Licensing Agreements

Stakeholders in the textiles and apparel industry such as distributors, dealerships, licensees and licensors may find themselves embroiled in disputes arising out of or in connection with their business relationships. Such disputes can be wide ranging, from a distributor’s failure to pay their debts, a disagreement as to the quality or quantity of goods sold and delivered, to the interpretation of a licensing agreement between a wholesaler and their distributors. Where those disputes cannot be resolved through negotiation and agreement, clients may need representation in litigation or commercial arbitration.

At Gilbertson Davis LLP, we are experienced in a wide variety of distribution and licensing issues. We can advise and represent clients in wide-ranging matters and disputes including:

  • Determining the legal nature of relationship of the parties – whether at law the relationship is licensing, distribution or franchising.
  • Contract law, including issues concerning rights, obligations, performance, enforcement, breach of contract and damages.
  • Equitable remedies such as rescission (un-making the contract) or specific performance of a contract.
  • Availability of injunctions and enforceability of non-competition clauses
  • Termination of distribution agreements and reasonable notice
  • Breach of contract involving exclusive and non-exclusive territories
  • Warranties, limitation of liability and indemnification in distribution agreements
  • Commercial leasing of equipment and commercial landlord and tenant issues and disputes.
  • Civil fraud, civil conspiracy to injure or civil conspiracy to carry out wrongful act likely to injure.

The textiles and apparel industry is a global phenomenon. In addition to import/export and outsourcing, industry players involved in franchising, leasing, and distribution agreements should be aware of the cross-border risks they face. Contracts are increasingly cross-border in nature, and parties to international contracts will want to take care that their legal rights are preserved and their business goals achieved in multiple jurisdictions.

In Ontario, we are party to the United Nations Convention on Contracts for the International Sale of Goods which is enacted domestically as the International Sale of Goods Act, R.S.O. 1990, c. I.10. Our commercial litigation counsel has considerable experience in international sale and transportation contracts.  An understanding of jurisdictional issues and the “conflict of laws”, the body of law used to determine the law to be applied to a dispute, is often central to an international or cross-border contract dispute.

We have strength and experience in advising foreign clients involved in litigation or arbitration in Ontario and across its borders. We are often consulted in connection with litigation or arbitration in Ontario, Canada by those located in the United States, and in the past have been consulted by or retained in litigation by those (or matters located) in Alaska, California, Washington, Nebraska, Illinois, Missouri, Ohio, New York, New Jersey, Rhode Island, Massachusetts, North Carolina, Tennessee, Georgia, Louisiana, Florida and Texas.

Internationally, we have also been involved in litigation or arbitration in Ontario, Canada with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.

Why Choose Gilbertson Davis LLP

We strive to resolve our clients’ disputes early and effectively through the provision of quality legal services at reasonable rates.  We are experienced litigators both in the courtroom and in arbitration. We have experience in the Ontario Superior Court of Justice, the Divisional Court, the Federal Court, Federal Court of Appeal, the Ontario Court of Appeal. the Supreme Court of Canada, and in arbitration.

We are a firm which has more than 30 years of practice in Toronto. We are ethical, professional and practical.

If you or your business has issues in textiles and apparel law or industries, please contact Gilbertson Davis LLP to arrange an initial consultation.